19-5506. SCOPE OF LAW — OFFENDERS SUBJECT TO SAMPLE COLLECTION — EARLY COLLECTION OF SAMPLES — RESTITUTION. (1) Any person, including any juvenile tried as an adult, who is convicted of, or pleads guilty to, any felony crime, the attempt to commit any felony crime or any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code, regardless of the form of judgment or withheld judgment, and regardless of the sentence imposed or disposition rendered, shall be required to provide to the Idaho state police a DNA sample and a right thumbprint impression.

(2) Absent consent or a warrant authorizing DNA collection based upon probable cause, no person shall be required to provide a DNA sample unless the person has been convicted of, or pleads guilty to, any felony crime, the attempt to commit any felony crime or any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code.

(3) This chapter’s requirements for submission to tests and procedures for obtaining a DNA sample and thumbprint impression from the persons who are convicted of, or who plead guilty to, any felony crime, the attempt to commit any felony crime or any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code, are mandatory and apply to those persons convicted of, or who plead guilty to, such felony crimes, the attempt to commit such felony crimes or any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code, covered in this chapter prior to its effective date, and who, as a result of the conviction or plea, are incarcerated in a county jail facility or a penal facility, are under probation or parole supervision or are required to register as a sex offender pursuant to sections 18-8304 and 18-8410, Idaho Code, after the effective date of this chapter.

(4) The collection of samples and impressions specified in this chapter are required, regardless of whether the person previously has supplied a DNA sample to law enforcement agencies in any other jurisdiction. The collection facility is not required to collect a DNA sample if it can be verified that a sample already exists for the individual in the Idaho DNA database.

(5) The requirements of this chapter are mandatory and apply, regardless of whether a court advises a person that samples and impressions must be provided to the databank and database as a condition of probation or parole.

(6) Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order any person subject to the provisions of this section to pay restitution to help offset costs incurred by law enforcement agencies for the expense of DNA analysis.

(7) The court may order such person to pay restitution for DNA analysis in an amount not to exceed five hundred dollars ($500) per DNA sample analysis, or in the aggregate not more than two thousand dollars ($2,000), regardless of whether:

(a) The source of the sample is the person, the victim or other persons of interest in the case;

(b) Results of the analysis are entered into evidence in the person’s criminal case;

(c) The DNA sample was previously analyzed for another criminal case; or

(d) Restitution for that DNA sample analysis was ordered in any other criminal case.

(8) Law enforcement agencies entitled to restitution under this section include the Idaho state police, county and city law enforcement agencies, the office of the attorney general, county prosecuting attorneys and city attorneys.

(9) In the case of reimbursement for DNA analysis performed by the Idaho state police, those moneys shall be paid to the Idaho state police and deposited in the law enforcement fund. In the case of reimbursement to the office of the attorney general, those moneys shall be paid to the general fund.

(10) Persons who have been sentenced to death, or life without the possibility of parole, or to any life or indeterminate term are not exempt from the requirements of this chapter.

History:

[19-5506, added 1997, ch. 120, sec. 1, p. 343; am. 2000, ch. 469, sec. 48, p. 1499; am. 2004, ch. 157, sec. 2, p. 506; am. 2005, ch. 327, sec. 1, p. 1018; am. 2011, ch. 211, sec. 3, p. 594; am. 2012, ch. 82, sec. 3, p. 235; am. 2012, ch. 269, sec. 6, p. 757; am. 2014, ch. 263, sec. 1, p. 658; am. 2017, ch. 213, sec. 1, p. 516.]